My Husband is divorcing me before my AOS interview what documents should I bring when exciting the US

[African Zealot 1,455]

If you incurred significant cost and forgone opportunity in moving to the USA (e.g. job resignation etc), negotiate some compensation from him particularly if it the divorce is no fault of yours. I am typically not in support of divorcing spouses hitting the wealthier spouse for compensation, however if that is the case here, try to get as much as you believe you are fairly entitled to.

 

If you have relatives here, move out asap even though you are planning to leave in the next couple weeks. Divorces can get ugly and it is not beyond exes to call immigration on their former/separated partners.

[jaysaldi 213]

1 hour ago, Boiler said:

Most unlikely with such a short marriage and she has no status.

I don't think her immigration status affects her right to alimony payments. I could be wrong.  If I were she, I'd contact a local lawyer and try, at a minimum, to squeeze money out of the guy. 

Also, she doesn't mention any details about the relationship. If he has abused her or subjected her to non-violent "extreme cruelty" she might have a claim to stay in the US and obtain a green card under the Violence Against Women Act.

[Boiler 45,499]

The Alimony issue is more related to the very short period of the marriage, and she has mentioned nothing about not being able to work.

 

And yes there has been no suggestion of any violence.

[jaysaldi 213]

Just now, Boiler said:

The Alimony issue is more related to the very short period of the marriage, and she has mentioned nothing about not being able to work.

 

And yes there has been no suggestion of any violence.

There doesn't have to be violence. Only extreme cruelty. If she wants to stay she should talk to a lawyer about all this stuff.

 

She hasn't mentioned anything about her inability to work, but I'd say that's implied if she has no EAD or green card. If she gets a lawyer to send the guy a letter saying "I represent your wife and we're petitioning for divorce, pendente lite support payments pending the litigation, alimony, and a green card based on extreme cruelty" he may hit the roof and offer her a financial settlement to get her to leave the USA. 

 

Or maybe he'd rather pay a lawyer to litigate all of this, while she remains in the USA as this stuff plays out.

[Boiler 45,499]

Let us not forget some people still have morals.

[receev0926 3]

1 hour ago, Ray.Bonaquist said:

Although he has no control over when you leave the USA, he probably can notify immigration to get you removed. You are allowed to stay legally until your I-94 expires, although I suspect it has either expired or close to expiry.

 

In your case since you have filed an adjustment of status, you do not start to accrue illegal presence until after the expiration of the period of stay authorized by the Secretary of Homeland Security which for you is the date USCIS rejects your application. That will naturally be your interview date.

 

This is what I despise about some Americans who treat foreign spouses worse than cattle. I love, you and marry you and you move here. The next morning well I don't love you anymore, get the hell out of my house and my country. Of course there are two, usually three sides to every story.

 

In any case typically immigration do not care that you are leaving (they are likely happy) unless you have committed a serious felony and are a fugitive in which case law enforcement will be the one looking for you. 

 

All the best and keep your head up. Night does not last forever, day breaks and light appears although it may not seem so now.

So I am legally stay until my interview date. Was thinking if we should email USCIS before the interview date or wait till it's automatically considered as abandoned application. 
 

I'm trying to stay my heads above the water. Just wanting to go back home. Don't want to stay and deal with the negativity and dramas. I want to exit legally without compromising my status here, in my case that's impossible if my stay here will be considered as over stay. 

[African Zealot 1,455]

5 minutes ago, receev0926 said:

So I am legally stay until my interview date. Was thinking if we should email USCIS before the interview date or wait till it's automatically considered as abandoned application. 
 

I'm trying to stay my heads above the water. Just wanting to go back home. Don't want to stay and deal with the negativity and dramas. I want to exit legally without compromising my status here, in my case that's impossible if my stay here will be considered as over stay. 

Nothing stops you from doing both. You can mail a letter to USCIS today or tomorrow withdrawing your petition and leave the same day. In any case 16th is almost here and that's your deadline to exit legally.

[receev0926 3]

32 minutes ago, Ray.Bonaquist said:

If you incurred significant cost and forgone opportunity in moving to the USA (e.g. job resignation etc), negotiate some compensation from him particularly if it the divorce is no fault of yours. I am typically not in support of divorcing spouses hitting the wealthier spouse for compensation, however if that is the case here, try to get as much as you believe you are fairly entitled to.

 

If you have relatives here, move out asap even though you are planning to leave in the next couple weeks. Divorces can get ugly and it is not beyond exes to call immigration on their former/separated partners.

I gave up everything. My career in DUBAI, family in the Philippines. And one day he said "he doesn't love me anymore" or "fell out of love". 
 

I know this is stupidity by I'm not after his money, neither the status to be here, so I rather leave and back get back my life before this. There's no violence or verbal abuse. We agreed that he'll cover the expense of my travel back home and give me some money from our joint tax return. 

 

[African Zealot 1,455]

3 minutes ago, receev0926 said:

I gave up everything. My career in DUBAI, family in the Philippines. And one day he said "he doesn't love me anymore" or "fell out of love". 
 

I know this is stupidity by I'm not after his money, neither the status to be here, so I rather leave and back get back my life before this. There's no violence or verbal abuse. We agreed that he'll cover the expense of my travel back home and give me some money from our joint tax return. 

 

This is exactly why the spousal visa is preferable to the fiancee visa despite the longer processing time. Had it been a spousal visa, the decision to stay permanently or return to Dubai/Philippines would be entirely yours because you could remove conditions without him.

 

In my opinion, the fiancee visa for the vast majority of people is inappropriate and puts them at a disadvantage because most are not coming to live together before deciding whether to proceed with marriage or not. The decision to marry has typically already been made before coming to the USA.

 

Good luck.

[geowrian 22,337]

48 minutes ago, jaysaldi said:

I don't think her immigration status affects her right to alimony payments. I could be wrong.

Correct. Status is not a consideration of divorce or family court.

 

48 minutes ago, jaysaldi said:

Also, she doesn't mention any details about the relationship. If he has abused her or subjected her to non-violent "extreme cruelty" she might have a claim to stay in the US and obtain a green card under the Violence Against Women Act.

Or if she was a victim of human trafficking, witness to certain crimes and helping a LEA, and a few other cases. But without any information in that direction, it's just throwing things at a wall. Nothing presented ITT indicates anything in support of a VAWA claim.

[WandY 430]

1 hour ago, jaysaldi said:

>My husband wants me to go home in the philippines asap.

 

The question should be whether you want to go home to the Philippines.  You could file for divorce and demand immediate  financial support payments.

Wrong. Not enough time has accrued to establish financial dependence. Appears he has already filed, so she cannot file. She can answer the petition (which she should do) and file a responsive pleading asking for financial assistance to re-establish her domicile back home and for costs associated with (perhaps) an alleged fraud for bringing her to the U.S. under false promises and pretenses. She can definitely get funds from him and delay her departure based on the fact that returning home will put her at a legal disadvantage to see the dissolution to the end (forum will be inconvenient) and sue for attorney fees. I'm not sure a court will be friendly to him, unless she bears some of the responsibility for the dissolution. You don't have to leave the country if a lawsuit is filed against you. There is plenty of injunctive relief available. You  just need a competent attorney willing to jump in and help you. Go to the legal aid office of your county or talk to the civil court clerk for help.

[Boiler 45,499]

For those who missed it, would appear that they have an equitable as much as these things can be ever be agreement.

 

Assuming neither part is independently wealthy the likely end game will just be transferring assets to Lawyers, good for the Lawyers admittedly.

[Highmystic 234]

1 hour ago, Ray.Bonaquist said:

If you incurred significant cost and forgone opportunity in moving to the USA (e.g. job resignation etc),

 

I wonder if the OP paid for medical, embassy, travel costs, hotels, etc  to manila (if needed to travel twice),  plus airfare to the US, or if the husband footed the bill...  If she paid,  I guess she could ask for a refund of sorts and the plane ticket home. 

[Boiler 45,499]

2 minutes ago, Highmystic said:

I wonder if the OP paid for medical, embassy, travel costs, hotels, etc  to manila (if needed to travel twice),  plus airfare to the US, or if the husband footed the bill...  If she paid,  I guess she could ask for a refund of sorts and the plane ticket home. 

She is getting a ticket and some seed money.

[Ontarkie 14,221]

~~Moved to Effects of Major Family Changes, from AOS Family - As a more appropriate forum.~~